I. Agreement on the way of signing the contract
When discussing whether the contract is valid without the signature and seal of Party A, we should first pay attention to the agreement on the signing method in the contract. As an agreement in which both parties agree, the way of signing the contract should be clearly stipulated in the contract. These agreements may include signature, seal or signature and seal.
Second, the legal effect of signature and seal
Signature and seal have certain legal effect in contract law. The signature represents the signer's confirmation and consent to the contents of the contract, while the seal is usually used to prove the signer's identity or indicate the signer's authorization. In some cases, a seal can be regarded as an approval of the contents of a contract and has the same legal effect as a signature.
Third, the specific situation is analyzed.
However, whether a contract that is only stamped but not signed is necessarily valid depends on the specific situation. If the contract clearly stipulates that it must be signed before it can take effect, then a contract with only a seal and no signature may be considered invalid. Because in this case, Party A did not sign in the way agreed in the contract, which violated the contract.
In addition, if the seal of the contract is flawed or controversial, such as unclear seal, unclear seal or suspected forgery, it may also affect the effectiveness of the contract. In this case, it is necessary to use legal means to identify and judge.
To sum up:
Whether this contract is valid without the signature and seal of Party A depends on the agreement and specific situation of the signing method in the contract. If the contract stipulates that both signature and seal are effective signature methods, then a contract with only seal and no signature may have legal effect; However, if the contract clearly stipulates that it must be signed before it can take effect, or the seal is flawed or controversial, then the contract may be deemed invalid.
Legal basis:
Contract law of the people's Republic of China
Article 32 provides that:
If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
Contract law of the people's Republic of China
Article 37 provides that:
If a contract is concluded in the form of a contract, one party has fulfilled its main obligations before signing or sealing it, and the other party accepts it, the contract is established.
People's Republic of China (PRC) Civil Code
Article 490 stipulates that:
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.